' This is an appeal directed against the decision dated 12-3-1986 recorded by the learned Presiding Officer, Punjab Labour Court No, 3, Lahore at Ferozewala, whereby the grievance petition of the appellant was dismissed for improper presentation following 1985 PLC 413.
2. The ground on which the grievance petition was dismissed was that it had been presented by the lawyer and not by the appellant. The appellant's contention is that he was present in person alongwith his counsel when the grievance petition was presented. The learned lower Court did not call upon the appellant to prove that he had himself presented the grievance petition. This was a question of fact and without inviting evidence could not be resolved. No doubt, the presence of the appellant is not recorded in the order of presentation of the grievance petition but the possibility cannot be excluded that through mistake it may not have been recorded. So, unless the appellant had been afforded opportunity to prove that he was present in person at the time of presentation of the grievance petition or that thereafter within limitation he had appeared himself to pursue the case, it was unsafe to hold that the presentation was not proper.
3. As a result, the appeal is accepted and setting aside the impugned decision of the learned lower Court, the case is remanded for redecision of the point. If the learned lower Court holds that the presentation was proper, the case will be decided on merits including other legal points, if any.